» Veterans Law Updates

What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage. B… Read More

What is the Deep Issue in the Case? Extra-schedular consideration should be considered “where the schedular evaluations are found to be inadequate.” 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely b… Read More

What is the Deep Issue in the Case? The effective date of a veteran’s claim for a “covered herbicide disease” depends on whether (1) VA denied the claim for the covered herbicide disease between September 25, 1985, and May 3, 1989,… Read More

This morning (12-21-2017), the CAVC issued Miscellaneous Order 15-17. The full text of this procedural order of the Court of Appeals for Veterans Claims is below. General Summary of the CAVC Miscellaneous Order. The CAVC’s practice has been to… Read More

This is the first in a series of posts about the VA RAMP Appeals Reform Program, which will be implemented beginning in 2018. THIS IS CRITICAL TO NOTE: Technically, VA RAMP refers to the VA pilot program to implement the Veterans Appeals Improvement… Read More

What is the Deep Issue in the Case? Evidence in the record before the VA may raise notice of pertinent medical records and trigger the duty to assist the appellant to locate and obtain the records. Ivey v. Derwinski, 2 Vet.App. 320 (1992). Before he… Read More

What is the Deep Issue in the Case? Because a medical exam opinion addresses issues of material fact, the BVA must provide a statement of the reasons or bases for its determination that is “adequate to enable a claimant to understand the precise ba… Read More

What is the Deep Issue in the Case? The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim. Clemo… Read More